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2025 DAILYLAW 39995 (ALL)

SHRIKESH SONKAR v. STATE OF U.P. AND 6 OTHERS

CRLP/6860/2025 · 2025-04-29

Harvir Singh, Rajiv Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67662-DB Court No. - 46 Case :- CRIMINAL MISC. WRIT PETITION No. - 6860 of 2025 Petitioner :- Shrikesh Sonkar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Shiv Chand Yadav Counsel for Respondent :- G.A. Hon'ble Rajiv Gupta,J. Hon'ble Harvir Singh,J. 1. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. 2. The instant writ petition has been filed by the petitioner for the following relief: "(i) issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to arrest and take necessary action against the respondents no. 4 to 7 in pursuance of the first information report dated 24.12.2024 registered as case crime no. 0162 of 2024 under section 115(2), 352, 351(3), 281, 109, 125(a) BNS, and 3(1)(da), 3(1)(gha), 3(2)(v), 3(2)(va) of SC/ST Act of Police Station - Bahariyabad, District - Ghazipur and also direct the respondent no. 1 to transfer case before other investigating officer for free and fair investigation of the case. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to produce the progress report before this Hon'ble Court in first information report dated 24.12.2024 registered as case crime no. 0162 of 2024 under section 115(2), 352, 351(3), 281, 109, 125(a) BNS, and 3(1)(da), 3(1)(gha), 3(2)(v), 3(2)(va) of SC/ST Act of Police Station - Bahariyabad, District - Ghazipur. (iii) issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the circumstance of the case. (iv) award cost of the writ petition to the petitioner." 3. Learned counsel for the petitioner submits that the petitioner is the first informant in the present case and though the FIR in the instant case has been registered on 24.12.2024, yet the police is not investigating the case in fair and impartial manner. 4. In view of the above, the petitioner may move an application before the Superintendent of Police, Ghazipur, highlighting his grievance and seeking fair and impartial investigation and if such an application is moved before the Superintendent of Police, Ghazipur shall ensure the fair, impartial and expeditious investigation in the present case. 5. With the aforesaid order, the present petition stands disposed of. Order Date :- 30.4.2025 R Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad